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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. When the Defendant, a juristic person established for the purpose of painting treatment business, etc., has been awarded a contract for the hacker painting duties from a stock company, etc. (hereinafter “Racker”), and has handled the hacker pipe painting duties at the Defendant’s workplace located in C.
B. D, under the trade name of “E, as an individual entrepreneur engaged in packing business, such as wood, he was awarded a package business for the 쇠 pipes ( approximately three tons per unit) for which the Defendant completed his seal work, and had the Plaintiff, F, and G, who is his employee, conduct the packing business of the 쇠 pipes in the Defendant’s workplace.
C. At around 10:00 on February 21, 2014, the Plaintiff suffered injury to the right part of the pipe, which caused the pressure trail, etc. (hereinafter “instant accident”) by shocking the pipe to the Plaintiff, while the Plaintiff was engaged in packing the decline pipe, which was on the part of the Defendant’s workplace, using the Defendant’s shoulder in the Defendant’s workplace.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 to 6 and images, fact inquiry results of this court's fact inquiry, witness F's testimony and purport of whole pleadings
2. The plaintiff's assertion and its determination on the plaintiff's assertion were caused by the accident of this case, which occurred due to the defendant's failure to properly manage the safety of the workplace and caused the damages suffered by the plaintiff, since the accident of this case occurred due to the defendant's failure to properly manage the safety of the workplace. The defendant's act constitutes a tort against the plaintiff, and the defendant is obligated to compensate for the damages suffered by the plaintiff.
However, even if all the evidence presented by the Plaintiff, including the above evidence, was reviewed, the instant accident was in the Defendant’s workplace.